USA > Oregon > History of Oregon, Vol. II, 1848-1888 > Part 64
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To the legislature of 1862 was submitted a Code of Civil Procedure, with some general laws concerning corporations, partnerships, public roads, and other matters, prepared by a commission consisting of Deady, Gibbs, and Kelly, which was accepted with some slight amendments; and an act was then passed authorizing Deady to complete the code and report at the next session. This was done, and the code completed was accepted in 1864, but four members voting against it on the final ballot, and they upon the ground of the absence of a provision prohibiting
47 H. Ex. Doc., i., pt 5, 146-60, 45th cong. 3d sess .; Victor's Or., 98; Nash's Or., 163; Nordhoff, N. Cal., 211; Dept Agric. Rept, 1875, 331; Ash- land Tidings, Nov. 16, 1877; Cong. Globe, 1876-7, 137; 1877-8, 32.
664
POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
persons other than white men from giving evidence in the courts.
The subject of the equality of the races had not lost its importance. The legislature of 1862, accord- ing to the spirit of the constitution of Oregon, which declared that the legislative assembly should provide by penal codes for the removal of negrocs and mulat- toes from the state, and for their effectual exclusion, enacted that each and every negro, Chinaman, Ha- waiian, and mulatto residing within the limits of the state should pay an annual poll-tax of five dollars, or failing to do so should be arrested and put to work upon the public highway at fifty cents a day until the tax and the expenses of the arrest and collection were discharged.48
By the constitution of Oregon, Chinamen not resi- dents of the state at the time of its adoption were forever prohibited from holding real estate or mining claims therein. By several previous acts they had been "taxed and protected " in mining as a means of revenue, the tax growing more oppressive with each enactment, and as the question of Chinese immigra- tion 49 was more discussed, the law of 1862 being in- tended to put a check upon it. All former laws relating to mining by the Chinese having been re- pealed by a general act in 1864, the legislature of 1866 passed another, the general features of which were that no Chinamen not born in the United
48Or. Gen. Laws, 1845, 64; Or. Code, 1862, app. 76-7.
49 Since the Chinese question is presented at length in another portion of this work, it will not be considered in this place. In Oregon, as in California, there was much discussion of the problem of the probable effect of Chinese immigration and labor on the affairs of the western side of the continent; and occasionally an outbreak against them occurred, though no riots of importance have taken place in this state. During the period of railway building they were imported in larger numbers than ever before. The Oregon newspapers have never earnestly entered into the arguments for and against Chinese im- migration, as the California papers have done. The Or. Deutsche Zeitung has published some articles in favor of it, and an occasional article in opposition has appeared in varions journals: but there had not been any violent agita- tion on the subject up to the year 1881. See Boise Statesman, April 20, 1867; Or. Legisl. Docs, 1870, doc. 11, 5-9; Or. Laws, 1870, 103-5; Eugene City Journal, Marchi 14, 1858; S. F. Call, Oct. 21, IS68; MeMinnville Courier, Sept. 18, 1868; S. F. Times, Sept. 2, 1868, Jan. 18, 1869; Or. Deutsche Zeitung, July 17, 1809.
665
CHINAMEN AND NEGROES.
States should mine in Oregon, except by paying four dollars per quarter, upon receiving a license from the sheriff; failing in the payment of which the sheriff might seize and sell his property. Any person em- ploying Chinamen to work in the mines was liable for this tax on all so employed. Chinamen complying with the law should be protected the same as citizens of the United States; and twenty per cent of such revenue should go to the state.50
With the laws against negroes the hand of the gen- eral government was destined to interfere, first by the abolition of slavery in all United States territory, and finally when citizenship and the right of suffrage were extended to the colored race. The resolution of con- gress providing for the amendment to the constitution of the United States abolishing slavery was passed February 1, 1865. By the 23d of September seven- teen states had adopted the amendment. Secretary Seward wrote to Governor Gibbs asking for a deeis- ion, to obtain which the legislature was convened at Salem on the 5th of December 51 by a call of the
60 Or. Laws, 1866, 41-6. In 1861 the revenne to the state from the tax on Chinamen was $539.25, collected in the counties of Jackson and Josephine; or a total of $10,785, which shows a mining population in those two counties of about 900. Or. Jour. House, 1862, ap. 63-6.
51 This was the same elected in 1864, and had held their regular session in September and October of that year. It consisted of the following members- Senate: Baker and Umatilla counties, James M. Pyle; Benton, A. G. Hovey; Coos, Curry, and Douglas, G. S. Hinsdale; Clatsop, Columbia, Washington, and Tillamook, Thos R. Cornelius; Clackamas, H. W. Eddy; Douglas, James Watson; Jackson, Jacob Wagner; Josephine, C. M. Caldwell; Lane, C. E. Chrisman and S. B. Cranston; Linn, Bartlett Curl and D. W. Ballard; Marion, John W. Grim and William Greenwood; Multnomah, J. H. Mitchell; Polk, John A. Frazer; Wasco, L. Donnel; Yamhill, Joel Palmer.
House: Baker county, Samuel Colt and Daniel Chaplin; Benton, J. Quinn Thornton and James Gingles; Coos and Curry, Isaac Hacker; Clatsop, Co- lumbia, and Tillamook. P. W. Gillette; Clackamas, E. S. S. Fisher, H. W. Shipley, and Owen Wade; Douglas, E. W. Otey, P. C. Parker, and A. Ireland; Jackson, James D. Fay, T. F. Beall, and W. F. Songer; Josephine, Isaac Cox; Lane. G. Callison, J. B. Underwood, and A. McCornack; Linn, Robert Glass, J. N. Perkins, J. P. Tate, and H. A. McCartney; Marion, I. R. Moores, J. C. Cartwright, J. J. Murphy, and H. L. Turner; Multnomah, P. Wasserman, L. H. Wakefield, and John Powell; Polk, James S. Holman, C. Lafollet; Umatilla, L. F. Lane; Wasco, A. J. Borland; Washington, W. Bowlby and D. O. Quick; Yamhill, Geo. W. Lawson and H. Warren. The place of Wade was filled in 1863 by Arthur Warner; the place of Lafol- let by Isaac Smith; the place of Henry Warren by J. M. Pierce. Borland was absent, and had no substitute. Or. Jour. House, 1864 and 1865; Or. Jour. Senate, 1864; National Almanac, 1804.
666
POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
executive. The message of Governor Gibbs was dig- nified and argumentative in favor of the abolition of slavery. It was impossible to get a unanimous vote in favor of the measure, on account of the democratic members who had been elected by the disunion ele- ment. The amendment was, however, adopted, with only seven dissenting votes in both houses,52 by a joint resolution, on the 11th of December, and the decision telegraphed to Washington.
When the fourteenth amendment was presented to another Oregon legislature in the following year, it was adopted with even less debate, and the clauses of the constitution of Oregon which discriminated against the negro as a citizen of the state were thereby made nugatory. 58
The remainder of the political history of Oregon will be brief, and chiefly biographical. The republican party of the United States in 1864 again elected Abraham Lincoln to be president. Oregon's majority was over fourteen hundred. At the state election of this year J. H. D. Henderson " was elected repre-
62 Gibbs says, in his Notes on Or. Hist., MS., 25, that 'every republican except one voted for it, and every democrat against it.'
53 See Or. Jour. Senate, 1866, 25, 26, 27, 31, 34, 35, 56, 58, 61. The state senate in 1866, in addition to Cranston, Cornelius, Donnell, Hinsdale, Palmer, Pyle, and Watson, who held over, consisted of the following newly elected members : Benton county, J. R. Bayley; Baker, S. Ison; Clackamas, W. C. Johnson; Grant, L. O. Sterns; Linn, R. H. Crawford, William Cyrus; Lane, H. C. Huston; Marion, Samuel Brown, J. C. Cartwright; Multnomah, J. N. Dolph, David Powell; Polk, W. D. Jeffries; Umatilla, N. Ford. House: Baker, A. C. Loring; Baker and Union, W. C. Hindman; Benton, F. A. Chenoweth, James Gingles; Clackamas, J. D. Locey, J. D. Garrett, W. A. Starkweather; Clatsop, Columbia, and Tillamook, Cyrus Olney; Coos and Curry, F. G. Lockhart; Douglas, B. Herman, James Cole, M. M. Melvin; Jaek- son, E. D. Foudray, Giles Welles, John E. Ross; Josephine, Isaac Cox; Mult- nomah, W. W. Upton, A. Rosenheim, J. P. Garlick, John S. White; Marion, J. I. O. Nieklin, W. E. Parris, C. B. Roland, B. A. Witzel, L. S. Davis; Polk, J. Stouffer, J. J. Dempsey, William Hall; Grant, Thos H. Brents, M. M. McKean; Union, James Hendershott; Umatilla, T. W. Avery, H. A. Gehr; Waseo, O. Humason, F. T. Dodge; Yamhill, J. Lamson, R. B. Langhlin; Lane, John Whiteaker, J. E. P. Withers, R. B. Cochran; Linn, E. B. Moore, G. R. Helm, J. Q. A. Worth, J. R. South, W. C. Baird; Washington, G. C. Day, A. Hinman. Or. Jour. Senate, 1866.
5+ Henderson was a Virginian aud a Cumberland presbyterian minister, a modest and sensible man of brains. He came to Oregon in 1851 or 1852, and resided at Engene, where he was principal of an academy and clerk in the surveyor-general's office. Deady's Scrap-Book, 77.
667
DEMOCRATS AND REPUBLICANS.
sentative to congress; J. F. Gazley, George L. Woods, and H. N. George, presidential electors. The sen- ate chose George H. Williams for the six years' term in the United States senate, beginning in March 1865.
With the close of the war for the union the politi- cal elements began gradually to reshape themselves, many of the union party who had been Douglas demo- crats before the war resuming their place in the demo- cratic ranks when the danger of disunion was past. To the returning ascendency of the democratic party the republicans contributed by contests for place among themselves. In 1866 A. C. Gibbs and J. II. Mitch- ell were both aspirants for the senatorship, but Gibbs received the nomination in the caucus of the republican members of the legislature. Opposed to him was Joseph S. Smith, democratic nominee. The balloting was long continued without an election, owing to the defection of three members whose votes had been pledged. When it became apparent that no clection could be had, the name of HI. W. Cor- bett was substitued for that of Gibbs, and Corbett was elected on the sixteenth ballot. Corbett was not much known in politics except as an unconditional union man. Personally he was not objectionable. He labored for the credit of his state, and endeavored to sustain republican measures by introducing and laboring for bills that promoted public improvements. 55
In 1868 the legislature had returned to something like its pre-rebellion status,56 passing a resolution in both houses requesting senators Williams and Cor- bett to resign for having supported the reconstruc- tion acts.57 The senate of the United States returned the resolution to both houses of the Oregon legisla-
55 Henry W. Corbett was born at Westboro, Mass., Feb. 18, 1827; received an academic education, and engaged in mercantile pursuits, first in New York, and then in Portland in 1849, where he acquired a handsome fortune. He was an ardent unionist from the first. Cong. Directory, 31, 40th cong. 2d sess. 56 There were 13 democrats and 9 republicans in the senate, and 17 republi- cans and 30 democrats in the house. Camp's Year-Book, 1869, 758.
67 See Williams' speech of Feb. 4, 1868; Or. Jour. ITouse, 1868, 123-5; Or. Laws, 1868, 97-8.
668
POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
ture by a vote of 126 to 35.58 Williams and his col- league secured a grant of land for the construction of a railroad from Portland to the Central Pacific rail- road in California, for which they received the plaudits of the people, and especially of southern Oregon. When the senatorial term of the former expired he was appointed attorney-general of the United States, and afterward chief justice, but withdrew his name, and retired to private life in Portland.
In 1866 George L. Woods was elected governor in opposition to James K. Kelly. To avenge this injury to an old-line democrat, the legislature of 1868 59 con- spired to pass a bill redistricting the state so as to increase the democratic representation in certain sec- tions and decrease the republican representation in
58 The resolution of censure just mentioned originated in the house. The senate at the same session passed a resolution rescinding the action of the legislature of 1360 assenting to the fourteenth amendment, which resolution was adopted by the house. Or. Jour. Senate, 1868, 32-6. The act was one of political enmity merely, as the legislature of 1868 had no power to annul a compact entered into for the state by any previous legislative body. The senate of Oregon assumed, however, than any state had a right to withdraw up to the moment of ratification by three fourths of all the states; and that the states of Arkansas, Florida, Louisiana, Alabama, South Carolina, and Georgia were created by a military despotism against the will of the legal voters of those states, and consequently that the acts of their legislatures were not legal, and did not ratify the fourteenth amendment. The secretary of state for Oregon was directed to forward certified copies of the resolution to the president and secretary, and both houses of congress. But nothing appears in the proceedings of either to show that the document ever reached its destination.
59 Senate: Baker county, S. Ison; Washington, Columbia, Clatsop, and Tillamook, T. R. Cornelius; Benton, J. R. Bayley; Umatilla, N. Ford; Clackamas, D. P. Thompson; Union, James Hendershott; Douglas, Coos, and Curry, B. Herman, C. M. Pershbaker; Josephine, B. F. Holtzclaw; Yamhi.l, S. C. Adams; Jackson, J. N. T. Miller; Lane, H. C. Huston, R. B. Cochran; Linn, Wm Cyrus, R. H. Crawford; Marion, Samuel Miller, Sam- nel Brown; Multnomah, Lansing Stout; Polk, B. F. Burch, president.
House: Baker, R. Beers; Benton, J. C. Alexander, R. A. Bensal; Baker and Union, D. R. Benson; Clackamas, J. W. Garrett, D. P. Trullinger; Coos and Curry, Richard Pendergast; Columbia, Clatsop, and Tillamook, W. D. Hoxter; Douglas, John G. Flook, James F. Gazley, James Applegate; Grant, R. W. Neal, Thomas E. Gray; Jackson, J. B. White, Thomas Smith, J. L. Louden; Josephine, Isaac Cox; Lane, John Whiteaker, H. H. Gilfrey, E. N. Tandy; Linn, John T. Crooks, John Bryant, B. B. Johnson, W. F. Alexander, T. J. Stites; Marion, John F. Denny, J. B. Lichtenthaler, T. W. Davenport, John Minto, David Simpson; Multnomah, W. W. Chapman, T. A. Davis, James Powell, J. S. Scoggins; Polk, R. J. Grant, F. Waymire, Ira S. Townsend; Umatilla, A. L. Kirk; Union, H. Rhinehart; Wasco, D. W. Butler, George J. Ryan; Washington, John A. Taylor, Edward Jackson; Yamhill, W. W. Brown, G. W. Burnett; speaker, John Whiteaker. Or. Jour. Senate, 1868, 4-5; Or. Jour. House, 1868, 4-5.
669
LEGISLATURE AND ELECTIONS.
others, having for its object the election of a demo- cratic United States senator in 1870; and further, to recount the gubernatorial vote of 1866, to count out Woods and place Kelly in the office of governor. This return to the practices of the 'political zouaves' of the days of the Salem clique, amounting in this case to revolution, was thwarted by the republican minority under the direction of Woods. In order to carry their points, the democrats endeavored to pro- Jong the session beyond the constitutional forty days, by deferring the general appropriation bill, and did so prolong it to the forty-third day, when fifteen repub- licans resigned in a body, leaving the house without a quorum, and unable to pass even a bill to pay their per diem. In this dilemma, they demanded that the governor should issue writs of election to make a quorum; but this was refused as unconstitutional after the forty days were passed, and the house, without the power even to adjourn, fell in pieces.6)
The representative to congress elected in 1866 was Rufus Mallory, republican, who defeated his opponent, James D. Fay, by a majority of six hundred.61
In 1868 the republican candidate, David Logan, was beaten by Joseph S. Smith, whose majority was nearly twelve hundred,62 owing partly to the unpop- ular standing of Logan even with his own party,63 as
60 Or. Jour. House, 1868, 527-54; Wood's Recollections, MS., 35-8.
61 Rufus Mallory was a native of Coventry, N. Y., born January 10, 1831. He received an academic education, and studied and practised law. He was dist atty in the Ist jud. dist in Oregon in 1860, and in the 3d jud. dist from 1862 to 1866; and was a member of the state leg. in 1862. f'ongress, Directory, 40th cong. 2d sess., p. 31. James D. Fay married a daughter of Jesse Apple- gate. His habits were bad, and he committed suicide at Coos Bay. He was talented, erratie, and unprincipled.
62 Smith came to Oregon in 1847, and preached as a ininister of the meth- odist church. After the gold discoveries and the change in the condition of the country, he abandoned preaching and engaged in the practice of law in 1852. He was in 1864 agent for the Salem Manufacturing Company, in which he was a large stockholder. He is described as a reserved man, not mueh read in elementary law, but an acute reasoner and subtle disputant. Deady's Scrap-Book, SI.
G3 The federal officers in Oregon in 1868 were: district judge, Matthew P. Deady; marshal, Albert Zeiber; clerk, Ralph Wileox; collector of the port of Astoria, Alanson Hintnan; surveyor-general, Elisha Applegate; register of land-office, Roseburg, John Kelly (A. R. Fiint, receiver); register, Oregon
670
POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
was shown by the presidential vote in the following November, which gave a democratic majority of only 160 for presidential electors out of 22,000 votes cast by the state.
In 1870 L. F. Grover, who ever since 1864 had been president of the democratic organization of the state, was elected governor of Oregon, with S. F. Chadwick as secretary.64
The legislature of 1870, following the example of its immediate predecessor, rejected the fifteenth amend- ment to the constitution of the United States, which extended the elective franchise to negroes. The man- ner of the rejection was similar to that of the rescind- ing resolutions of 1868, and like them, a mere impo- tent expression of the rebellious sentiments of the ultra-democratic party in Oregon.65 It had no effect to prevent negroes in Oregon from voting, of whom there were at this time less than 350. It also, in obedience to party government, provided for the ap- pointment of three commissioners to investigate the official conduct of the state officers of the previous ad- ministration, succeeding in discovering a defalcation by Secretary May of several thousand dollars, 66
City, Owen Wade (Henry Warren, receiver); supt Ind. aff., J. W. P. Huntington; chief clerk Ind. dept, C. S. Woodworth; assessor int. rev., Thomas Frazar; collector int. rev., Medorum Crawford; deputy assessor, Williamn Grooms; deputy col., Edwin Backenstos.
The district judges of the supreme court of Oregon at this time, beginning with the northern districts, were: 4th dist, W. W. Upton; 5th dist, J. G. Wilson (east of the Cascade mts): 3d dist, R. P. Boise; 2d dist, A. A. Skinner; Ist dist, P. P. Prim. The dist attys in the same order were M. F. Mulkey, James H. Slater, P. C. Sullivan, J. F. Watson, J. R. Neil. McCormick's Portland Dir., 1868, 109; Camp's Yeur-Book, 1869, 434.
61 L. Fleischner was elected treasurer, R. P. Boise was reelected judge, and A. J. Thayer and L. L. McArthur to succeed Skinner and Wilson. Idl., app. 11.
63 Or. Laws, 1870, 190-1; Sen. Misr. Docs, 56, 41st cong. 3d sess .; Gov. Message, in Or. Legis. Docs, 1870, doc. 11, p. 9.
66 The investigation lasted a year, at $5 per day each to the commissioners for the time necessarily employed in making the investigation. They brought iu a report against May, and also some absurd charges that the governor had made more visits to the penitentiary than his duty required, at the expense of the state, with other insignificant matters. They discovered that C. A. Reed, the adjutant-general of the militia organization, had purchased two gold pens, not needed, his office being abolished by the same body which com- missioned them, at an expense of $15 a day, to discover these two pens.
Legislative assembly of 1870-Senate: Baker county, A. H. Brown;
671
FINANCES.
through embezzlement of the five-per-cent fund before mentioned.
When Governor Grover came into office he found the treasury containing sufficient funds, less some $6,000, to defray the expenses of the state's affairs for the next two years. The legislature at once made an appropriation to build the penitentiary in a permanent form, and appropriated money from the five-per-cent fund for the construction of a steamboat canal with locks, at the falls of the Willamette. A small amount was also devoted to the organization of the agricultu- ral college, thereby securing the land grant belonging to it. The legislature of 1872 passed an act provid- ing for the construction of a state capitol, and appro- priated $100,000 to be set apart by the treasurer, to be designated as the state-house building fund; but for the purpose of providing funds for immediate use, the treasurer was authorized to transfer $50,000 from the soldiers'-bounty fund to the building fund, that the work might be begun without delay. The same legislature passed an act organizing and locating the state university at Eugene City, on condition that a site and building were furnished by the Union Uni-
Douglas, L. F. Mosher; Coos and Curry, C. M. Pershbaker; Jackson James D. Fay; Josephine, B. F. Holtzclaw; Lane, A. W. Patterson, R. B. Cochran; Linn, Enoch Hoult, R. H. Crawford; Marion, Samuel Brown, John H. Moores; Multnomah, Lansing Stout, David Powell; Clackamas, D. P. Thompson; l'olk, B. F. Burch; Grant, J. W. Baldwin; Umatilla, T. T. Lieuallen; Union, J. Hendershott; Wasco, Victor Trevitt; Washington, Co- lumbia, Clatsop, and Tillamook, T. R. Cornelius; Yamhill, W. T. Newby; Benton, R. S. Strahan. President, James D. Fay; clerks, Syl. C. Simpson and Orlando M. Packard.
House: Baker, H. Porter; Baker and Union, J. R. McLain; Benton, D. Carlisle, W. R. Calloway; Clackamas, Peter Paquet, W. A. Starkweather, J. T. Apperson; Clatsop, Columbia, and Tillamook, Cyrus Olney; Coos and Curry, F. G. Lockhart; Douglas, James C. Hutchinson, C. M. Caldwell, J. C. Drain; Grant, J. M. McCoy, W. H. Clark; Jackson, Jackson Rader, James Wells, A. J. Burnett; Lane, John Whiteaker, G. B. Dorris, James F. Amis; Linn, W. F. Alexander, G. R. Helm, Thomas Munkers, John Ostrander, W. S. Elkins: Marion, T. W. Davenport, R. P. Earhart, J. M. Harrison, G. P. Holman, W. R. Dunbar; Multnomah, J. W. Whatley, Dan. O'Regan, L. P. W. Quimby, John C. Carson; Polk, B. Hayden, R. J. Grant, W. Comegys; Union, J. T. Hunter; Umatilla, Johnson Thompson, F. A. Da Sheill; Wash- ington, W. D. Hare, W. A. Mills; Wasco, James Fulton, O. S. Savage; Yamhill, Al. Hussey, Lee Loughlin. Speaker, Ben Hayden; clerks, E. S. McComas, John Costello, W. L. White, and John T. Crooks. Or. Jour. Sen- ate, 1870, 4-6, 13; Directory Pac. Coast, 1871-3, 111.
672
POLITICAL, INDUSTRIAL, AND INSTITUTIONAL.
versity Association; and setting apart the interest on the fund arising from the sale of seventy-two sections of land donated to the state for the support of the university for the payment of the salaries of teachers and officers.
These were all measures important to the welfare and dignity of the state, and gave to Grover's admin- istration the credit of having the interests of the peo- ple at heart. An agricultural college was established by simply paying for the tuition of twenty-three pu- pils at an ordinary academy, at ordinary academy charges.67 A university was established, by requiring the town where it was located to furnish a site and a building, and paying the faculty out of the university fund. The Modoc war, also, which occurred during Grover's term of office, added some consequence to his administration, which, excepting that of Governor Gibbs, was the most busy, for good or evil, of any which had occurred in the history of the state. In 1874 Grover was reelected, over J. C. Tolman, repub- lican, and T. F. Campbell, independent. 63
In 1872 the republicans in the legislature elected John H. Mitchell to succeed Corbett in the U. S. senate. He served the state ably.69
67 Or. Governor's Message, 1872, 3-10; Or. Laws, 1872, 47-53; Grover's Pub. Life in Or., MS., 72.
66 Grover's opponent in 1870 was Joel Palmer, who was not fitted for the position, being past his prime. In 1874 Grover's majority over Tolman was 550. Campbell simply divided the vote, and was beaten by 3,181. He was a preacher of the christian church, and president of Monmonth college, of which he was also the founder, and which became a prosperous school.
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